Terms
This page groups together our Terms & Conditions, Copyright Infringement Statement and Privacy Policy, all of which we have tried to write in plain English. Please read these terms carefully as use of this site constitutes acceptance of these terms and conditions.
1. INTRODUCTION
1.1 "Haarlem Shuffle" is the collective name for these pages,
and is owned by the makers of these pages. All use of Haarlem Shuffle
information, services or products implies acceptance of the terms and
conditions below.
1.2
If there are any links to other Haarlem Shuffle sites on these pages,
these will be subject to their own terms and conditions, and if none
are available, then subject to these ones. In case of conflict of
terms or conditions, the site with its own will take precedence.
1.3 Haarlem Shuffle reserves the right to modify these Terms
and Conditions of Service at any time. The modifications take effect
from the moment of posting them on the site, or the moment of
notification by e-mail, whichever has happened first.
1.4 You agree to check these Terms and Conditions periodically
so you are always aware of any modifications. As long as you continue
to use this site, you will be expressing acceptance of the modified
Terms and Conditions and also accepting that our notification of changes
is also reasonable. You acknowledge and agree that Haarlem Shuffle or
its affiliates may deny you access to or use of all or part of this
website without prior notice if you engage in any conduct or activities
that Haarlem Shuffle in its sole discretion believes violates any of
these Terms and Conditions, or violates the rights of Haarlem Shuffle,
or is otherwise inappropriate for continued access and use of this website.
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2. RESTRICTIONS ON USE
2.1 Haarlem Shuffle offers this website and its content and services
as is, with no warranties as to performance, results, or operation without
interruption. Haarlem Shuffle does not accept any responsibility for failure
of services from outside being used on this site, nor does it accept
responsibility for any downtime of our or any other of our suppliers' servers.
Haarlem Shuffle and its affiliates and content suppliers reserve the right to
alter or delete the products, services and information available from this
website at any time.
2.2 Links to third-party sites are provided to you only as a convenience,
and do not imply endorsement by Haarlem Shuffle or any affiliation with or
endorsement by the owner of the linked site. Haarlem Shuffle is not responsible
for the content of any linked site or any consequences of making the link.
2.3 In exchange for use of this website, you agree that any information
you submit to us will be current and complete and will not violate the rights
of any third parties, and you agree to defend, indemnify, and hold harmless
Haarlem Shuffle, its affiliates and content suppliers, and their successors
against any claims by third parties alleging facts in breach of these
representations.
2.4 All content included on this website, including text, graphics,
logos, buttons, icons, and images, is the property of Haarlem Shuffle or its
affiliates, content suppliers, or other licensors, with ownership as indicated
by specific copyright and trademark notices and/or context, and is protected
by Dutch and international copyright and trademark laws. You may not view, copy,
print, or distribute documents, pages, content or photos on this website without
the express written consent of Haarlem Shuffle or the affiliate as the applicable
copyright owners.
2.5 Names, logos, and other trademarks of Haarlem Shuffle and its affiliates
and suppliers may not be used apart from the documents or pages on which they
appear and may not be used in any manner that implies affiliation with or
endorsement by or disparages Haarlem Shuffle or other trademark owners. Haarlem
Shuffle reserves the right to revoke such authorisation at any time, and any such
use shall be discontinued immediately upon written or electronic notice from Haarlem
Shuffle.
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3. SUBMISSIONS
3.1 Haarlem Shuffle appreciates hearing from its users and welcomes your
comments regarding Haarlem Shuffle's products and services. However, Haarlem
Shuffle's company policy does not allow it to accept or consider creative ideas,
suggestions, inventions or materials other than those it has specifically requested.
3.2 While we do value your feedback on our products and services, we request
that you be specific in your comments on such products and services, and that you
do not submit any creative ideas, inventions, suggestions or materials.
3.3 If you do send us creative suggestions, ideas, notes, drawings, concepts,
inventions, or other information (collectively the "Submissions"), the Submissions
shall be deemed, and shall remain, the property of Haarlem Shuffle. Submissions will
not be subject to any obligation of confidence, and Haarlem Shuffle will not be liable
for any use or disclosure of any Submission.
3.4 Without limiting the foregoing, Haarlem Shuffle shall own all known or
hereinafter existing rights to the Submissions and shall be entitled to unrestricted
use of the Submissions for any purpose whatsoever, commercial or otherwise, without
compensation to you.
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4. COMMUNICATIONS
4.1 This website contains links to the bulletin board services of NL
Planet Forums, hereafter referred to as the "Communications".
4.2 You agree to use the Communications only to send and receive messages and
material that are proper and related to the particular forum. By way of example, and
not as a limitation, you agree that when using a Communication, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others;
(b) publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information;
(c) upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary consents;
(d) upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage the operation of another's
computer;
(e) advertise or offer to sell any goods or services for
any commercial purpose;
(f) conduct or forward surveys, contests, pyramid schemes
or chain letters;
(g) download any file posted by another user of a forum that
you know, or reasonably should know, cannot be legally distributed in such manner;
(h) restrict or inhibit any other user from using and enjoying
the Communications;
(i) falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
4.3 Haarlem Shuffle and its affiliates reserve the right to terminate your access
to any or all of the Communications at any time without notice for any reason whatsoever.
4.4 Haarlem Shuffle and its affiliates have no obligation to monitor the
Communications. However, Haarlem Shuffle and its affiliates reserve the right at
all times to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in Haarlem Shuffle's
or any of its affiliates' sole discretion.
4.5 You acknowledge that all Communications are public and not private
communications and that others may read your communications without your knowledge.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communications. Haarlem Shuffle and its affiliates
do their best to control the content, messages or information found in any
Communications but specifically disclaim any liability with regard to the
Communications and any actions resulting from your participation in any Communications.
Forum managers are authorised spokespersons of Haarlem Shuffle or its affiliates, and
as such their views or decisions are considered to be incontrovertible and legal.
4.6 By posting messages, uploading files, inputting data, or engaging in any
other form of communication through this website, you are granting Haarlem Shuffle
and its affiliates permission to use, modify, copy, distribute, transmit, publicly
display, publicly perform, reproduce, publish, sublicense, create derivative works
from, transfer, or sell any such communication.
4.7 The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under copyright,
trademark, service mark or patent laws under any relevant jurisdiction.
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5. DISCLAIMER
The information, services, products and materials contained in this website are
provided on an "as is" basis with no warranty. To the maximum extent permitted
by applicable law, Haarlem Shuffle disclaims all representations and warranties,
express or implied, with respect to such information, services, products and
materials, including but not limited to warranties of merchantability, fitness
for a particular purpose, non-infringement, freedom from computer virus or other
harmful components and implied warranties arising from course of dealing or
course of performance. In addition, Haarlem Shuffle does not warrant that the
information accessible via this website is current, complete uninterrupted or
error-free. Some countries do not allow the exclusion or limitation of implied
warranties so the above limitation may not apply to you.
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6. LIMITATION OF LIABILITY
In no event will Haarlem Shuffle, its affiliates, suppliers or licensors be liable
for any loss of profit, loss of business, consequential, indirect, incidental,
special or punitive damages, or for the cost of procurement of substitute goods
and services, arising from your use or inability to use this site, or resulting
from any goods or services purchased by you, even if Haarlem Shuffle has been
advised of the possibility of such damages, whether in an action under contract,
negligence or any other theory. Because some countries do not allow the exclusion
or limitation of liability for consequential damages, the above limitation may not
apply to you.
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7. TERMINATION
7.1 This agreement will terminate immediately without notice from Haarlem
Shuffle if in Haarlem Shuffle's sole discretion you fail to comply with any term
or condition or provision in these terms and conditions.
7.2 Upon termination, you must destroy all materials obtained from this site
and any and all other Haarlem Shuffle site(s) and all copies thereof, whether made
under the terms of these terms or otherwise and you agree not to submit any
information through Haarlem Shuffle's Communities, or to assist or cause another
person to submit information on your behalf.
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8. INDEMNITY
8.1 You agree to indemnify, defend and hold harmless Haarlem Shuffle, its
affiliates, officers, directors, employees, consultants, agents and suppliers from
and against any and all claims, liability, damages and/or costs (including but not
limited to reasonable legal fees) arising from your use of this website, the violation
of these terms and conditions by you, or the infringement by you, or other user of
Haarlem Shuffle's website through the use of your computer, or your infringement of
any intellectual property or other right of any person or entity.
8.2 Haarlem Shuffle reserves the right, at its own expense, to assume the
exclusive defence and control of any matter otherwise subject to indemnification by you.
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9. GOVERNING LAW & JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws
of the Netherlands. You agree that any legal action or proceeding between you and
Haarlem Shuffle relating to these Terms and Conditions of Service shall be brought
exclusively before the High Court of The Netherlands.
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10. COPYRIGHT AND TRADEMARK NOTICES
10.1 The trademarks, logos and copyrights displayed on this website are the
property of Haarlem Shuffle or other third parties.
10.2 You are not permitted to use the trademarks, logos or copyrights without
the prior written consent of Haarlem Shuffle or such third party that may own it.
10.3 The name "Haarlem Shuffle" may not be used in connection with any
product or service that is likely to cause confusion among customers, or in any
manner that disparages or discredits Haarlem Shuffle.
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11. MISCELLANEOUS
11.1 These Terms and Conditions of Service constitute the entire agreement
between you and Haarlem Shuffle with respect to this website and supersede and
replace all prior or contemporaneous understandings or agreements, written or oral,
regarding this website.
11.2 Haarlem Shuffle's failure to insist upon or enforce strict performance
of any provision of these Terms and Conditions of Service shall not be construed
as a waiver of any provision or right of Haarlem Shuffle. These Terms and Conditions
shall inure to the benefit of Haarlem Shuffle's successors and assigns.
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